The Madurai Bench of the Madras High Court granted bail to the petitioner, an accused No.3 in a theft case under Section 397 IPC, considering the recovery of stolen items from co-accused and lack of prior criminal history.
Petitioner released on personal bond of Rs.10,000 with two sureties for like sums, to report to police once every 15 days.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 02/02/2022
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.691 of 2022
Esak
... Petitioner/Accused No.3
Vs The State Rep.by The Inspector of Police, Uvari Police Station, Tirunelveli District. (Crime No.2/2022).
... Respondent/Complainant
For Petitioner : M/s.S.Sundarapandian Advocate. For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.side)
PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-
For Bail in Crime No.2 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.3 herein, who was arrested on 03.01.2022 for the alleged offence under Sections 397 of IPC in Crime No.2 of 2022, on the file of the respondent police, seeks bail.
4.The learned Government Advocate would submit that based upon the confession statement of the co-accused, this petitioner has been arrived in this case the jewels worth about Rs.18.28 Lakhs along https://hcservices.ecourts.gov.in/hcservices/ with cash amount has been recovered from the co-accused.
5.However, considering the duration of custody underwent by the petitioner and since the amount and the jewels has been recovered from the co-accused and also the fact that no previous case has been filed against the petitioner and the co-accused have been already released on bail, this Court is inclined to grant bail to the petitioner with stringent conditions. The petitioner has to file an undertaking affidavit that he will not indulge in such an illegal activities in future. If any case is registered after grant of bail by this Court, the relief of bail granted to the petitioner will automatically get cancelled.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Radhapuram, Tirunelveli District, and on further condition that the petitioner shall report before the respondent police once in 15 days at 10.30 a.m. until further orders.
7.It is represented by the learned counsel for the petitioner that the petitioner is now confined ad the Central Prison, Palayamkottai.
sd/-
02/02/2022
/ TRUE COPY /
02/02/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
3.The Inspector of Police, Uvari Police Station, Tirunelveli District.
4.The Officer in Charge,Borstal School, Nanguneri, Tirunelveli District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
ORDER
IN
CRL OP(MD) No.691 of 2022 https://hcservices.ecourts.gov.in/hcservices/ Date :02/02/2022 MGJ/PN/SAR IV(02.02.2022) 2P 6C
1 issue framed by the court
Whether the petitioner accused in a theft case is entitled to be released on bail after the recovery of stolen property from co-accused.
2 provisions across 2 enactments
Esak
The State Rep.by The Inspector of Police, Uvari Police Station, Tirunelveli District
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
